Scott Ramocitti lost three fingers on his left hand in a work-related accident that occurred while he was using a saw blade in May of 2008. During his treatment Mr. Ramocitti was referred by his work insurance company to the defendant in this case, Helping Hand Physical, for physical therapy…
Articles Posted in Strict Liability
Tractor Accident Leads to Question of Responsibility for Dead Tree Causing Incident
In 2009, a Louisiana man was driving a tractor/trailer in Caddo Parish when he suddenly hit a large pine tree that had fallen across the road. Despite having already made this same trip on the same road several times that day, since the last time he had made the pass,…
Asbestos Case Involves Rules for Testimony and Exclusion
Joseph Trascher of Slidell, LA, was born in April 15, 1940 and died April 11, 2007. Shortly before his death in March of 2007, he filed a petition in the district court seeking an ex parte order to perpetuate his testimony. He alleged that in August 2006, he was diagnosed…
Pothole Blamed for One-Car Accident in East Carroll Parish
After being involved in a one-car accident in 2008, a Louisiana woman sued East Carroll Parish Police Jury, claiming that a pothole on Perry Road resulted in her accident. She later amended her claim to state that other factors had further contributed to her injury and that the road was…
Workers’ Compensation Act Protects Louisiana Employees Injured on Job
If you ever become injured in a work-related accident in Louisiana, or if you become ill with an occupation-related condition, workers’ compensation can help cover your expenses while you seek the treatment and take the time off that you need. The Louisiana Workers’ Compensation Act is a piece of legislation…
5th Circuit Throws Out Whistleblower Case Against Premier Rehabilitation Center in Monroe
When a company defrauds the government, the taxpayers literally pay the costs for that crime. A whistleblower is someone who brings that fraud to the attention of the government or the public. At times, whistleblowers are fired from their jobs, and some seek to bring suit against the company. The…
Slip at Large Retail Store Leads to Summary Judgment and Subsequent Appeal
A summary judgment is strong medicine. When a trial court grants a motion for summary judgment, it precludes the non-moving party from having their case go to the jury and in some cases from presenting any evidence at all. Because this remedy is so potent, the granting of a motion…
Difficult Custody Issue Shows Responsibility of Administrators
Back in 2000, a woman, Ms. Cheney, left her children with a man she knew in Louisiana, Mr. Peters. Shortly thereafter, Ms. Cheney gave Mr. Peters provisional custody of the children. Mr. Peters cared for the children just as a father would. In 2004, the children were attending Oakdale Middle…
Statute of Limitations Key to Alleged Insurance Fraud Case
Many laws or actions include a statute of limitation which provides for a certain length of time for claims to be brought. After that time runs out, the claim can no longer be brought in court. The case of Joseph v. Bach & Wasserman illustrates just how important the statute…
Prematurity Raised in Nursing Home Injury Case
The exception of prematurity determines whether a plaintiff has fulfilled a condition prior to filing suit. That is, in some occasions, Louisiana law requires a complaining party to bring the case somewhere else before they can actually file the case in court. Generally, that means that an administrative remedy exists…